Website Terms of Use

1.  The Site’s Intended Purpose

We provide a way for Site visitors to learn about our basement waterproofing and crawl space repair solutions and to connect Site visitors with contractors in our dealer network. The Site provides a convenient way for individual homeowners, commercial property managers, contractors, and others (which we refer to here as “Users”, “you”, “your”, or “yourself”) to obtain product information from us and/or contact information and services from dealers in our network (“Services”).  

2.  Changes to this Agreement 

We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. 

3.  Limited License Grant

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use any aspect or content of the Site on a mobile device or personal computer owned or otherwise controlled by you ("Your Device") strictly in accordance with our documentation; and (b) access, stream, download, and use on Your Device the content and services made available in or otherwise accessible through the Site, strictly in accordance with this Agreement.

4.  Reservation of Rights

You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under this Agreement, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5.  Eligibility, Access, and Security

We reserve the right to withdraw or amend the Site, and any service or material that we provide through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site to Users.

If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. 

6.  Payment and Refund Policy

Within the context of your use of the Site or within the terms and conditions of your Customer Agreement, if applicable, we will separately communicate to you the terms of payment (including any cancelation and refund policies). You agree that such terms are hereby incorporated into this Agreement as is fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently. 

7.  Intellectual Property Rights

All contents, features, and functionality of the Site (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.  Trademarks

Basement Systems, Inc. and all related names, logos, product and service names, designs, and slogans are trademarks of Basement Systems, Inc. or our affiliates or licensors (referred to here as “Our Marks”). We may provide you with Our Marks for the sole purpose of identifying yourself as a purveyor or distributor of our branded products or services on your website, social media, and print media. You must not use Our Marks for any other purpose without our prior written permission. All other names, logos, product and service names, designs, and slogans in the Site are the trademarks of their respective owners.

9.  Your Information

“Your Information” is any information that you provide, publish, or post to or through the Site (including, for example, customer reviews, photographs, feedback, testimonials, and if ever applicable, any profile or User account information that you provide). Our collection and use of personal information in connection with the Site is as provided in our Privacy Policy, which is part of this Agreement. You agree to provide and maintain accurate, current and complete information and that we may rely on Your Information as accurate, current and complete. 

To enable us to use Your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute Your Information to prepare derivative works, or incorporate into other works, Your Information, in any media now known or not currently known. 

10.  Our Communications with You

By entering into this Agreement, including by using the Site, you agree to receive communications from us, including via e-mail, calls, and push notifications, subject to the provisions of our Privacy Policy. Communications from us, our affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Site, updates concerning new and existing features on the Site, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send pursuant to your consent or request. 

11.  Prohibited Uses

You may use the Site only for lawful purposes and in accordance with this Agreement. In connection with your use of the Site, you acknowledge that you will not:

1. violate in any way any federal, state, local, or international law or regulation; 
2. post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable in our sole opinion;
3. impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;
4. engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Site, or which, as determined by us, may harm us or our Users, or expose us or them to liability or reputational harm;
5. transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
6. hack or compromise in any way the integrity and security of the Site or the computers or devices of any of our Users;
7. “frame” or “mirror” any part of the Site, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; 
8. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site; 
9. rent, lease, lend, sell, redistribute, license or sublicense the Site;
10. use any robot, spider, or other automatic means to access the Site;
11. use any manual process to monitor or copy any of the material in the Site or for any other unauthorized purpose without our prior written consent;
12. allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Site;
13. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers on which they operate, or any server, computer, or database to which the Site is connected;
14. if applicable, transfer or sell your User account, password and/or identification to any other party; or
15. cause any person to engage in the foregoing prohibited activities.

12.  Changes and Updates to the Site

We may from time to time in our sole discretion develop and provide updates to the Site, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 

13.  Linking to the Site and Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent. 

The Site may, from time to time, provide certain social media features that enable you to:

• Link from your own or certain third-party websites or apps to certain content in the Site;
• Send emails or other communications with certain content, or links to certain content, in the Site;
• Cause limited portions of content in the Site to be displayed or appear to be displayed on your own or certain third-party websites or apps.

You may use these features solely as they are provided by us and solely in accordance with any additional terms and conditions that we provide with respect to such features. Any other linking activity or use of social media features without prior written permission from us is strictly prohibited.

The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out above in the “Prohibited Uses” section of this Agreement.

You agree to cooperate with us in immediately stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

14.  Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites or apps linked to the Site entirely at your own risk and subject to their terms and conditions of use.

15.  Geographic Restrictions

We are based in the state of Connecticut in the United States. We provide the Site for use only by persons located in Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of Canada. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

16.  Disclaimer of Warranties

No Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR APP LINKED TO THEM.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Acts of Others

Under no circumstances, including termination or cancellation of your use of the Site, will we be liable for any losses related to actions of other Users.

17.  Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE SITE OR ON SUCH OTHER LINKED WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site. 

19.  Term and Termination

1. The term of this Agreement commences when you access, download, or install any aspect or content of the Site. The term will continue in effect until terminated by you or us as set forth in this section.
2. You may terminate this Agreement by ceasing any and all access to the Site and by deleting any and all aspects or content of the Site and all copies thereof from Your Device.
3. We may terminate this Agreement at any time without notice, with or without cause.
4. Upon termination:
1. except as provided in the sections of this Agreement captioned “Changes to this Agreement”, “Reservation of Rights”, “Intellectual Property Rights”, “Trademarks”, “Your Information”, “Our Communications with You”, “Prohibited Uses”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Term and Termination”, “Governing Law and Jurisdiction”, “Waiver and Severability”, and “Entire Agreement”, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate; and
2. you must cease all use of the Site and delete all copies of any and all aspects or content of the Site.
3. Termination will not limit any of our rights or remedies at law or in equity.

20.  Governing Law and Jurisdiction

All matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the U.S. District Court for the District of Connecticut or the courts of the State of Connecticut. We retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21.  Waiver and Severability

No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. 

22.  Entire Agreement

This Agreement, our Privacy Policy, and any documents or communications referenced in this Agreement and our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

23.  Your Comments and Concerns

The Site is operated by Basement Systems, Inc., 60 Silvermine Rd, Seymour, CT, 06483. 

Feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: Basement Systems, Inc., 60 Silvermine Rd, Seymour, CT, 06483.